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10 U.S.C. § 2676 — Renumbered § 2664]
Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition of Land by Condemnation for Certain Military Purposes.—**
(1) Subject to subsection (f), the Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for—
(A) the site, construction, or operation of fortifications, coast defenses, or military training camps;
(B) the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or
(C) the development and transmission of power for the operation of plants under subparagraph (B).
(2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under paragraph (1), take and use the land to the extent of the interest sought to be acquired.
**(b) Acquisition by Purchase in Lieu of Condemnation.—** The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.
**(c) Acquisition of Low-Cost Interests in Land.—**
(1) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed in the interest of national defense; and
(B) does not cost more than $4,000,000, exclusive of administrative costs and the amounts of any deficiency judgments.
(2) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed solely to correct a deficiency that is life-threatening, health-threatening, or s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2663
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for Acquisition Required.—** No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(b) Commissions on Land Purchase Contracts.—** The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.
**(c) Cost Limitations.—**
(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.
(2) Until subsection (d) is complied with, a land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land—
(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2664
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Federal law — U.S. Code and appendices · legal_authorities
Page 2085
TITLE 10—ARMED FORCES
§ 2679
[§ 2676. Renumbered § 2664]
[§ 2677. Repealed. Pub. L. 110–181, div. B, title
XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat.
544]
Section, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72
Stat. 1460; amended Pub. L. 87–554, title VI, § 607, July
27, 1962, 76 Stat. 242; Pub. L. 92–145, title VII, § 707(4),
Oct. 27, 1971, 85 Stat. 412; Pub. L. 94–273, § 6(3), Apr. 21,
1976, 90 Stat. 377; Pub. L. 97–214, § 10(a)(5)(A), (B), July
12, 1982, 96 Stat. 175; Pub. L. 97–375, title I, § 104(b), Dec.
21, 1982, 96 Stat. 1819; Pub. L. 98–407, title VIII, § 803,
Aug. 28, 1984, 98 Stat. 1519; Pub. L. 102–190, div. B, title
XXVIII, § 2861, Dec. 5, 1991, 105 Stat. 1559; Pub. L. 103–35,
title II, § 201(c)(9), May 31, 1993, 107 Stat. 98; Pub. L.
107–314, div. A, title X, § 1062(a)(12), Dec. 2, 2002, 116 Stat.
2650, related to options on property required for mili-
tary construction projects.
§ 2678. Feral horses and burros: removal from
military installations
When feral horses or burros are found on an in-
stallation under the jurisdiction of the Sec-
retary of a military department, the Secretary
may use helicopters and motorized equipment
for their removal.
(Added Pub. L. 101–510, div. A, title XIV,
§ 1481(h)(1), Nov. 5, 1990, 104 Stat. 1708.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in Pub. L. 101–165, title IX, § 9030, Nov. 21, 1989,
103 Stat. 1135, which was set out as a note under section
2241 of this title, prior to repeal by Pub. L. 101–510,
§ 1481(h)(3).
A prior section 2678, added Pub. L. 85–861, § 1(51), Sept.
2, 1958, 72 Stat. 1460, related to acquisition of mortgaged
housing units, prior to repeal by Pub. L. 97–214, §§ 7(1),
12(a), July 12, 1982, 96 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2676
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